Patna High Court granted bail to a petitioner in a theft case under IPC Section 414, who was already in custody. The court noted clean antecedents and lack of examined witnesses despite framing of charge.
Directed to be released on bail on furnishing bail bonds of Rs. 10,000 with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court Cr.Misc. No.6892 of 2018 (2) dt.05-02-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6892 of 2018
Arising Out of PS.Case No. -51 Year- 2017 Thana -PALASI District- ARRARIA
====================================================== Md. Khaja, Son of Md. Ekram, Resident of Village- Dehti, Police StationPalasi, District- Araria.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party
====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
2 05-02-2018
The allegation in brief is that one unregistered motorcycle said to be stolen one is said to have been recovered from the petitioner.
Learned Counsel for the petitioner submits that the petitioner had clean antecedent before lodging of the present case and he is in custody since 11.3.2017. Even after six months of framing of the charge no witness has been examined despite the fact that all are police witnesses.
Having considered the said facts and circumstances, the petitioner, namely, Md. Khaja is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of ACJM V Araria in connection with Palasi PS Case No. 51 of 2017.
Snkumar/U T
(Arun Kumar, J.)
1 issue framed by the court
Whether the petitioner, already in custody, is entitled to bail in a theft case where no non-police witness has been examined after framing of charge.
1 provisions across 1 enactments
Md. Khaja
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
